(1.) Relief claimed in all the writ applications being similar, on the request of the learned Counsel appearing parties, all the cases were taken together for hearing. The petitioners in all the writ applications were employees of erstwhile Bhaskar Textile Mills Limited working in different capacities. In these writ applications they challenge the order dated 02.01.2002 issued by the Department of Public Enterprises, Government of Orissa fixing the cut-off date 31.5.1998 for the purpose of computation of duties under the Voluntary Retirement Scheme instead of 31.5.2001 as a result of which, the petitioners have been deprived of salaries/wages for the period from June, 1998 to May, 2001. They also pray for deposit of Provident Fund shares from 1991 to 2001.
(2.) The case of the petitioners is that erstwhile Bhaskar Textile Mills Limited was established in the year 1965 and at a subsequent stage the production capacity was increased. 2500 (Two thousand five hundred) workers were engaged for producing Cotton and Synthetic yarns. The old Employer after extracting huge profits from industrial establishment left the Mill by declaring a lockout with effect from 2.10.1982 and closure with effect from 10.1.1983. After closure of the industrial establishment, for a period of three years nothing happened, and the petitioners and several other employees demanded nationalization of She Mill in order to save the employees from starvation. The Mill was finally taken over by the State Government vide its ordinance No. 5 of 1985 dated 13.8.1985 and the said ordinance subsequently became an Act i.e. "Bhaskar Textile Mills (Acquisition and Transfer) Act, 1986" and under the said Act the industrial establishment was transferred and vested in the hands of the Orissa State Textile Corporation Limited. Thereafter, the Corporation reopened the Mill on 2.10.1985 and the petitioners continued as employees of the Corporation. Since the industrial establishment was covered under the D.F.I.D., the management invited options from the employees for voluntary retirement under the V.R.S. All the petitioners applied for voluntary retirement in the year 2001 and all the petitioners were also allowed retirement from service with effect from 31.5.2001. The further case of the petitioners is that under the scheme, all the dues were to be paid within thirty days, but the dues were not properly calculated and were paid in instalments and the same were received under protest. Their specific claim is that they have been paid their wages up to May, 1998 but wages from June, 1998 to May, 2001 when the voluntary retirement was accepted had not been paid and to avoid such payment, an order was issued fixing the cut-off date to 31.5.1998. It is also the grievance of the petitioners that the Provident Fund shares from 1991 to 2001 with interest including pensionary contributions and arrear interest on late deposits having not been paid to the Provident Fund authorities, they are not able to get their full and final payment and pensionary benefits. The petitioners, therefore, pray for payment of the following dues:
(3.) A counter affidavit has been filed by the opposite party No. 1 and the same has been adopted in all the cases. The main stand taken in the writ application is that in a bid to rightsizing the Public Sector Enterprises, the State Government in the Department of Public Enterprises initially introduced a Model Scheme known as Voluntary Retirement Scheme for the employees of Public Sector Undertakings in the year 1998. After implementation of such Scheme, it was noticed that only a few enterprises have taken the benefits available under the said scheme for which a High Power Committee was constituted to periodically review and monitor the implementation of such VRS matters. Consequent thereto, such Committee had recommended certain modifications to make the scheme more attractive and less cumbersome. All the regular employees rendering minimum ten years of a continuous service and below 55 years of age were only eligible for availing the benefits under such VR Scheme. The said scheme was not made applicable to the work-charged and NMR employees even though they have been engaged for a long period. Rather, it was felt that due to the shared restriction, the problem of employees of sick and unviable enterprises could not be effectively addressed for which many of the employees of such enterprises could not be offered V.R. under the said Scheme because of their age factor, period of service rendered in NMR/work-charged establishment and also because of their non-regular nature of appointment. Taking into consideration all these difficulties, on the basis of the recommendation of the High Power Committee, it was decided to introduce a Voluntary Separation Scheme (in short 'VSS'), which was made applicable to the employees working in sick and unviable Public Sector Units/Co-operative Enterprises slated for closure/liquidation. The said scheme was financed by Department for International Development (in short 'DFID') under the Government of United Kingdom. Bhaskar Textile Mills Limited was slated for closure/liquidation as it had no prospect for revival for which the State Government in the Department of Textile and Handloom directed the said Corporation to take steps for its closure as the said Mill was not functioning since May, 1998. The mater was processed and finalization of non-regular employees working in the said Mill who could not be provided with the retirement benefits under the VRS, were processed under the VSS with the approval of the Public Enterprises Department. In the process of calculating the arrear dues of such employees, the State Government in the Public Enterprises Department was moved for issuance of necessary clarification with regard to cut-off date from which the arrear dues were to be assessed. Pursuant to such proposal, the State Government after due consideration of the matter and on the basis of the settled legal position pertaining to the concept of "No pay for no work", issued the order fixing the cut-off date from 31st May, 1998. The Mill was not functioning thereafter and the employees seeking retirement under VSS had not worked with effect from June, 1998. It is also stated in the counter affidavit that the legitimate dues under the scheme have been paid to the petitioners.